2007 Minnesota Statutes

260B.235 PETTY OFFENDERS; PROCEDURES; DISPOSITIONS.
    Subdivision 1. Adjudication. A petty offender who has committed a juvenile alcohol or
controlled substance offense shall be adjudicated a "petty offender," and shall not be adjudicated
delinquent, unless, as in the case of any other child alleged to be delinquent, a petition is filed in
the manner provided in section 260B.141, summons issued, notice given, a hearing held, and the
court finds as a further fact that the child is also delinquent within the meaning and purpose of
the laws related to juvenile courts.
    Subd. 2. Procedure. When a peace officer has probable cause to believe that a child is a
petty offender, the officer may issue a notice to the child to appear in juvenile court in the county
in which the alleged violation occurred. The officer shall file a copy of the notice to appear
with the juvenile court of the county in which the alleged violation occurred. Filing with the
court a notice to appear containing the name and address of the child who is alleged to be a
petty offender, specifying the offense charged, and the time and place of the alleged violation
has the effect of a petition giving the juvenile court jurisdiction. Any reputable person having
knowledge that a child is a petty offender may petition the juvenile court in the manner provided
in section 260B.141. Whenever a notice to appear or petition is filed alleging that a child is a petty
offender, the court shall summon and notify the person or persons having custody or control of
the child of the nature of the offense charged and the time and place of hearing. This summons
and notice shall be served in the time and manner provided in section 260B.151, subdivision 1.
If a child fails to appear in response to the notice provided by this subdivision, the court may
issue a summons notifying the child of the nature of the offense alleged and the time and place
set for the hearing. If the peace officer finds it necessary to take the child into custody, sections
260B.175 and 260B.176 shall apply.
    Subd. 3. No right to counsel at public expense. Except as otherwise provided in section
260B.163, subdivision 4, a child alleged to be a juvenile petty offender may be represented
by counsel but does not have a right to appointment of a public defender or other counsel at
public expense.
    Subd. 4. Dispositions. If the juvenile court finds that a child is a petty offender, the court may:
(a) require the child to pay a fine of up to $100;
(b) require the child to participate in a community service project;
(c) require the child to participate in a drug awareness program;
(d) order the child to undergo a chemical dependency evaluation and if warranted by this
evaluation, order participation by the child in an outpatient chemical dependency treatment
program;
(e) place the child on probation for up to six months or, in the case of a juvenile alcohol or
controlled substance offense, following a determination by the court that the juvenile is chemically
dependent, the court may place the child on probation for a time determined by the court;
(f) order the child to make restitution to the victim; or
(g) perform any other activities or participate in any other outpatient treatment programs
deemed appropriate by the court.
In all cases where the juvenile court finds that a child has purchased or attempted to purchase
an alcoholic beverage in violation of section 340A.503, if the child has a driver's license or permit
to drive, and if the child used a driver's license, permit, Minnesota identification card, or any type
of false identification to purchase or attempt to purchase the alcoholic beverage, the court shall
forward its finding in the case and the child's driver's license or permit to the commissioner of
public safety. Upon receipt, the commissioner shall suspend the child's license or permit for
a period of 90 days.
In all cases where the juvenile court finds that a child has purchased or attempted to purchase
tobacco in violation of section 609.685, subdivision 3, if the child has a driver's license or permit
to drive, and if the child used a driver's license, permit, Minnesota identification card, or any type
of false identification to purchase or attempt to purchase tobacco, the court shall forward its
finding in the case and the child's driver's license or permit to the commissioner of public safety.
Upon receipt, the commissioner shall suspend the child's license or permit for a period of 90 days.
None of the dispositional alternatives described in clauses (a) to (f) shall be imposed by the
court in a manner which would cause an undue hardship upon the child.
    Subd. 5. Enhanced dispositions. If the juvenile court finds that a child has committed a
second or subsequent juvenile alcohol or controlled substance offense, the court may impose any
of the dispositional alternatives described in paragraphs (a) to (c). If the juvenile court finds that a
child has committed a second or subsequent juvenile tobacco offense, the court may impose any
of the dispositional alternatives described in paragraphs (a) to (c).
(a) The court may impose any of the dispositional alternatives described in subdivision
3, clauses (a) to (f).
(b) If the adjudicated petty offender has a driver's license or permit, the court may forward
the license or permit to the commissioner of public safety. The commissioner shall revoke the
petty offender's driver's license or permit until the offender reaches the age of 18 years or for a
period of one year, whichever is longer.
(c) If the adjudicated petty offender has a driver's license or permit, the court may suspend
the driver's license or permit for a period of up to 90 days but may allow the offender driving
privileges as necessary to travel to and from work.
(d) If the adjudicated petty offender does not have a driver's license or permit, the court may
prepare an order of denial of driving privileges. The order must provide that the petty offender
will not be granted driving privileges until the offender reaches the age of 18 years or for a period
of one year, whichever is longer. The court shall forward the order to the commissioner of public
safety. The commissioner shall deny the offender's eligibility for a driver's license under section
171.04, for the period stated in the court order.
    Subd. 6. Alternative disposition. In addition to dispositional alternatives authorized by
subdivision 4, in the case of a third or subsequent finding by the court pursuant to an admission in
court or after trial that a child has committed a juvenile alcohol or controlled substance offense,
the juvenile court shall order a chemical dependency evaluation of the child and if warranted
by the evaluation, the court may order participation by the child in an inpatient or outpatient
chemical dependency treatment program, or any other treatment deemed appropriate by the court.
In the case of a third or subsequent finding that a child has committed any juvenile petty offense,
the court shall order a children's mental health screening be conducted as provided in section
260B.157, subdivision 1, and if indicated by the screening, to undergo a diagnostic assessment,
including a functional assessment, as defined in section 245.4871.
    Subd. 7. Findings required. Any order for disposition authorized by this section shall
contain written findings of fact to support the disposition ordered and shall also set forth in
writing the following information:
(a) Why the best interests of the child are served by the disposition ordered; and
(b) What alternative dispositions were considered by the court and why they were not
appropriate in the instant case.
    Subd. 8. Report. The juvenile court shall report to the office of state court administrator each
disposition made under this section and section 260B.198 where placement is made outside of this
state's jurisdictional boundaries. Each report shall contain information as to date of placement,
length of anticipated placement, program costs, reasons for out of state placement, and any
other information as the office requires to determine the number of out of state placements, the
reasons for these placements, and the costs involved. The report shall not contain the name of the
child. Any information contained in the reports relating to factors identifying a particular child is
confidential and may be disclosed only by order of the juvenile court. Any person violating this
subdivision as to release of this confidential information is guilty of a misdemeanor.
    Subd. 9. Expungement. The court may expunge the adjudication of a child as a petty
offender at any time it deems advisable.
History: 1999 c 139 art 2 s 32; 2000 c 472 s 2; 2001 c 157 s 2; 1Sp2003 c 14 art 4 s 18